“Cloud bursts”: Emerging trends in contracting for Cloud services

Contracting for cloud based services might be said to be in its relative infancy, but such contracts as have been promulgated by the major providers have uniformly tended to be extremely restrictive in terms of the rights and means of recourse offered to customers. As contract values and service complexity “in the cloud” increase, however, more and more of such contracts are subject to review and challenge. This article accordingly considers some of the key points of common contention, and offers thoughts as to the direction of travel for such contracts in the months to come.     

EU update

This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but it intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

EU update

This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

EU update

This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Minor parties and strategic voting in recent U.S. presidential elections

I measure and explain strategic voting in the 1992, 1996, and 2000 U.S. presidential elections. Aggregate polling and election data from the 50 states and District of Columbia indicate whether a minor party candidate's support rose or fell between the final poll and Election Day. A negative vote-poll gap is evidence of classic strategic voting while a positive vote-poll gap is evidence of expressive strategic voting. Expressive voting was widespread in 1992 and 1996, but instrumental voting was dominant in 2000. In 2000 Ralph Nader lost support in most states, particularly those where the major party contest was competitive. In contrast, Ross Perot gained in most states due to expressive strategic voting facilitated by the noncompetitive national race. I also show that the vote-poll gap is a product of changes in voter turnout and, to a lesser extent, elite mobilization.     

Election Laws,Mobilization, and Turnout: The Unanticipated Consequences of Election Reform

State governments have experimented with a variety of election laws to make voting more convenient and increase turnout. The impacts of these reforms vary in surprising ways, providing insight into the mechanisms by which states can encourage or reduce turnout. Our theory focuses on mobilization and distinguishes between the direct and indirect effects of election laws. We conduct both aggregate and individual‐level statistical analyses of voter turnout in the 2004 and 2008 presidential elections. The results show that Election Day registration has a consistently positive effect on turnout, whereas the most popular reform—early voting—is actually associated with lower turnout when it is implemented by itself. We propose that early voting has created negative unanticipated consequences by reducing the civic significance of elections for individuals and altering the incentives for political campaigns to invest in mobilization.     

Budget Rhetoric in Presidential Campaigns from 1952 to 2000

We offer a theory to identify the determinants of presidential campaign rhetoric related to the federal budget. The theory builds on the literature dealing with issue ownership, candidate strategy, retrospective voting, and voter preferences to generate eight hypotheses about the use of budget rhetoric. To test these hypotheses, over 800 campaign speeches from the major party presidential nominees from 1952 to 2000 are content analyzed. The content analysis generates measures of both the volume and tone of budget rhetoric. Volume is driven primarily by the objective balance of the budget and subjective importance given to it by voters and a conditional effect involving budget balance, incumbency, and partisanship. Tone is more complex, with positive rhetoric determined mostly by the budget balance and partisanship and overstated rhetoric shaped solely by the salience of the budget to the electorate. The article concludes with suggestions for future research.     

Voter Turnout and the National Election Studies

Though the overreporting of voter turnout in the National ElectionStudy (NES) is widely known, this article shows that the problemhas become increasingly severe. The gap between NES and officialestimates of presidential election turnout has more than doubledin a nearly linear fashion, from 11 points in 1952 to 24 pointsin 1996. This occurred because official voter turnout fell steadilyfrom 1960 onward, while NES turnout did not. In contrast, thebias in House election turnout is always smaller and has increasedonly marginally. Using simple bivariate statistics, I find thatworsening presidential turnout estimates are the result mostlyof declining response rates rather than instrumentation, questionwording changes, or other factors. As more peripheral votershave eluded interviewers in recent years, the sample becamemore saturated with self-reported voters, thus inflating reportedturnout.     

What Happens at the Polling Place: Using Administrative Data to Look Inside Elections

Tremendous attention has been paid to local election administration since the 2000 presidential election meltdown, yet policy makers still lack basic information about what happens at the polling place. One strategy to understand the interactions between citizens and street‐level election bureaucrats is to turn to administrative data. Using logs collected by polling place workers, the authors analyze more than 66,000 individual incidents recorded from four different statewide elections. Such data provide novel insights and guidance for the administration of elections. Findings indicate that task scale (in terms of the number of ballots) and complexity (in terms of absentee ballots) increase the incident rate. Managerial choices about how polling places are run also matter: the use of electronic voting machines and central count processing of ballots reduce the incident rate, while splitting poll worker shifts increases it. Operator capacity, measured in terms of experience, also reduces the number of incidents.     

The Effect of Administrative Burden on Bureaucratic Perception of Policies: Evidence from Election Administration

This article argues that administrative burden—that is, an individual's experience of policy implementation as onerous—is an important consideration for administrators and influences their views on policy and governance options. The authors test this proposition in the policy area of election administration using a mixed‐method assessment of local election officials. They find that the perceived administrative burden of policies is associated with a preference to shift responsibilities to others, perceptions of greater flaws and lesser merit in policies that have created the burden (to the point that such judgments are demonstrably wrong), and opposition to related policy innovations.